What the panel ordered
Reconsideration granted; November 1, 2021 Findings of Fact affirmed as amended to correct the last day of cumulative trauma to July 3, 2012.
Petition for reconsideration of November 1, 2021 Findings of Fact, following trial on injury AOE/COE and liability period for cumulative trauma; WCAB granted reconsideration, amended the WCJ's decision as recommended, and otherwise affirmed.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The last year of injurious occupational exposure was the year ending July 3, 2012, based on Dr. Baum's substantial medical opinion and the statutory scheme; the section 5412 date of injury is after the last day of exposure, so liability is limited to the year ending July 3, 2012.
From the decision · page 2Nevertheless, liability for cumulative trauma is limited to the last year "immediately preceding" either the section 5412 date of injury "or" the last date of occupational exposure, "whichever occurs first." (Lab. Code, § 5500.5.) In this case, we agree with the WCJ that pursuant to Dr. Baum's substantial opinion, the last year of injurious occupational exposure was the year ending on July 3, 2012.